Maine Warrant Search

An arrest warrant search is a process used to verify whether there is a warrant for a person's arrest in jurisdictions within Maine. Such records are typically non-confidential. Law enforcement agencies maintain a central database that provides access to all active warrants. Records may be maintained by city departments, such as the Portland, Maine, Police, or county agencies, such as the Cumberland County Sheriff's Office or the York County Sheriff's Department.

Warrants are essential because they protect citizens from human rights abuses. This is so because law enforcement must show probable cause before arresting anyone or searching their property. Within the judicial system, warrants encourage scrutiny and accountability. Judges carefully consider warrant petitions to ensure they adhere to the law, preventing law officers from abusing their authority. An example is the Maine Constitution, Art. I, § 5 and §703, Chapter 101 of the Maine legislature, which protects citizens from warrantless searches.

Are Warrants Public Records in Maine

Arrest warrants are generally public records per the Maine Freedom of Access Act. However, most search warrants in Maine are not made public until the search has been executed. In other cases, when it has been made void, this is done not to jeopardize an ongoing criminal investigation or alert the subject of the search beforehand. The following information is typically included in a Maine arrest warrant:

• Name of the subject
• Age of subject
• A physical description of the individual
• Charges against the individual
• Date the warrant was issued
• Name of issuing court
• Arresting officer
• An affidavit showing proof of probable cause for arrest.

A warrant is an order from a judge or magistrate that requires someone to appear in court to respond to charges or have their property searched and seized. A warrant gives law enforcement the power to execute instructions within its bounds and comply with the law. Because the legal system backs a warrant, police enforcement is shielded from lawsuits when it is carried out, particularly when the warrant is carried out precisely as directed by the court.

Types of Warrants in Maine

Maine has one of the most extensive warrant-issuing systems in the US. Different types of warrants are issued based on specific law enforcement and judicial needs. In addition to arrest, bench, and search warrants, other types may include:

• FTA warrant: A failure to appear warrant is a kind of bench warrant issued when someone violates a criminal summons or court order requiring them to appear in court.
• FTP warrant: An "FTP warrant" is a particular kind of bench warrant issued when someone refuses to pay a fine.
• Extradition warrant: Warrants issued by the Governor for the extradition of fugitives from another state to Maine for criminal prosecution per the Uniform Criminal Extradition Act and the United States Constitution
• Juvenile arrest warrant: Under Maine Legislature section 3202, a juvenile warrant combines the features of an arrest warrant and a bench warrant and is issued to detain someone under 18.
• Civil order of arrest: A civil order of arrest is issued when someone borrows money and refuses to return it to a lender.

What is a Search Warrant in Maine?

A search warrant is a court order issued by a magistrate or court judge instructing law enforcement in a specific locale to search and seize items from a particular property. Maine search warrants are issued per Rule 41A of the Maine court rules. Under this Rule, a warrant may be obtained to search and seize any of the following types of materials:

• Any Property that may be used as proof of a crime being committed.
• Contraband and the proceeds of criminal activity 
• Property that is or has been used as a tool to commit a crime or that is intended for use;
• Property of individuals placed under arrest may be subject to seizure if there is probable cause for their arrest.

During the execution of a Maine arrest warrant, the following property may be collected and or seized:

• Books, papers, and other tangible items; computers and the data they contain.
• Biological materials, such as hair, blood, saliva, fingernail clippings or scrapes, and materials accessible by swab;
• Fingerprints, palmprints, and footprints;
• Photos, videos, or any other digital image of any person or object

Generally, law enforcement officers may request a search warrant in any Maine court. However, an application must be submitted as a written affidavit sworn before a court judge to apply for a search warrant. The person, location, or other property to be searched for and, in certain situations, the tracking device to be placed and operated must be named correctly in the affidavit. The court judge will hear testimony under oath or affirmation from law enforcement personnel to determine whether there is probable cause to grant the request before making a decision.

If the judge reviewing the request for a search warrant determines that there is reasonable suspicion that the search is justified, the court will issue a search warrant specifying the person, place, or other property that will be searched and the person, place, or property that will be searched.

Most search warrants are either Unannounced Search Warrants, which may be performed at any time, or Nighttime Search Warrants, which are conducted between 7 am and 9 pm. A search warrant may only be carried out and returned within 14 days of its issuance date. After 14 days, the warrant must be returned to the Unified Criminal Docket listed on it.

How Long Does It Take to Get a Search Warrant?

Getting a search warrant may take 3 hours to a week in Maine. The quantity of evidence supporting the necessity for a warrant will determine how soon someone may obtain one; if there is sufficient evidence to establish probable cause, the warrant is issued right away. Because a court must authorize the warrant before it may be issued, the judge's availability may also impact the timeliness of the warrant's issuance. When an application is submitted when the judge is out of town, the issuance of the warrant may be delayed.

What is an Arrest Warrant in Maine?

An arrest warrant is a court order instructing law enforcement to apprehend and detain a particular individual. A Maine judge issues arrest warrants based on evidence that a law enforcement officer presents. A law enforcement officer must execute an arrest warrant to effect the person's arrest. Refusing to follow an arrest order while a warrant is out for their arrest is a significant offense in and of itself.

An authorized warrant must contain the following information: the name of the person to be arrested, the alleged crime, the time and location of the warrant's issuance, the magistrate's signature, and the amount of bail for offenses committed.

Arrest Warrant Lookup in Maine

Searches have multiple options for looking up an arrest warrant in Maine. Generally, law enforcement agencies in Maine and court systems maintain central databases where individuals may look for warrant information with the aid of officials at these offices. The following are ways to search for active arrest warrants in Maine:

The Maine State Police central system for the management, enforcement, and execution of warrants allows anybody to conduct an arrest warrant search at any county sheriff's office or police department in Maine. The National Crime Information Center and the Maine Telecommunications and Routing Operations System are used by the Maine State Police to coordinate with other law enforcement agencies to guarantee that any warrant information is communicated promptly to all law enforcement offices in the state. 

Police departments also maintain in-house databases for arrest warrants issued within their jurisdiction. Almost anyone may request an active arrest warrant search by contacting any Maine police station in person or by telephone.

Arrest warrant lookups may also be done using the court’s Warrant Docket Management System. This central database creates, archives, recalls, and preserves all electronic arrest warrants issued by the courts in Maine. Persons may visit the office of any county court clerk and request a statewide arrest warrant search.

How to Find Out If You Have a Warrant in Maine

A person may find out if they have a warrant in Maine by inquiring at either the issuing courts where the warrant application was made, and the warrant was issued, or by visiting any law enforcement office in the state.

If an individual suspects they have an arrest warrant, they may hire an attorney to inquire at any county sheriff's office or police department in the state. They may risk getting arrested if they ask by themselves, especially if the arrest warrant is still active. All law enforcement agencies in Maine are connected to the Automated Wants and Warrants System, or "AWAWS". This system allows users to search for active warrants by entering the name of the person who is the subject of the warrant.

The next best option is to search the warrant-issuing system at the county court where the warrant was issued. If they suspect that they have a warrant for their arrest, they may visit the county court clerk's office of the court that is suspected of issuing the warrant. Persons who visit the courts to make requests for active warrant searches will need to provide a valid ID.

Free Warrant Search in Maine

A free warrant information search may be performed in person at state law enforcement offices. Although the search is free, inquirers may have to pay to make copies of the information provided.

How Long Can Police Hold My Phone Without a Warrant in Maine?

Citizens are protected from unreasonable arrests and seizures in Maine. The Fourth Amendment and Article I, Section 5 of the Maine Constitution stipulate that a search warrant based on probable cause must be obtained before a resident may be searched. Moreover, such a warrant must specify the place and items to be searched. 

However, depending on the facts of the case, there are exceptions to the general rule based on recognized exigencies. Such as:

• When an individual consents to the search voluntarily
• When there is a high possibility of the destruction of evidence
• When there is a threat to the safety of the officer and that of others 

Local law enforcement agents, such as troopers of the City of Portland Police Department or the Maine State Police (MSP), may search an arrestee for weapons and temporarily seize any items they may have on them, such as cell phones. This is for safety and safekeeping. This is different from using the phone as evidence during a criminal investigation. In the latter situation, police must release the cell phone, including appeals, after the case has ended.

The affected individual may challenge any evidence obtained from an unlawful search or seizure by filing a motion to suppress under Maine Rules of Unified Criminal Procedure, Rule 41A. Also, the person may petition for the return of a seized cell phone if it is no longer required as evidence under Maine Revised Statutes Section 5828.

How to Find Out If Someone Has A Warrant Online

There are two primary options for individuals to determine if a person has a warrant online in Maine. County sheriff webpages publish the names of wanted persons on their websites. Interested individuals may look through these lists using the full name of a person of interest to find out if they have a warrant out for them. Another option is to check the wanted person list published in the Maine state police report online.

How Long Do Warrants Last in Maine?

An arrest warrant in Maine lasts forever until it is executed or recalled and dismissed by the issuing court in light of new evidence. The statute of limitations on prosecuting crimes in Maine does not affect how long a warrant lasts. Search warrants last 14 days in Maine, after which they will either be renewed or voided.